header-logo header-logo

03 March 2017 / Nicholas Bevan
Issue: 7736 / Categories: Opinion , EU , Insurance / reinsurance
printer mail-detail

Conflicts of interest?

nlj_7736_bevan

The new Untraced Drivers Agreement fails to ensure full conformity with the protection required under European law, as Nicholas Bevan explains

On 13 January the Motor Insurers Bureau (MIB) published its new Untraced Drivers Agreement 2017 (UtDA 2017) as well as amendments to the Uninsured Drivers Agreement 2015 (UDA 2015). The changes came into effect this week (1 March 2017).

The MIB is a consortium that is owned and controlled by every motor insurer authorised to sell compulsory third party motor insurance in the UK. It was set up in 1945 at the insistence of the government and specifically charged with providing a safety net for victims of uninsured drivers and insolvent insurers. Over the years, the industry has enjoyed a licence to dictate the terms under which the MIB discharges this public service. This has led to the schemes becoming increasingly skewed in its interests. Properly understood, the MIB is a public body but, as an emanation both of the insurance industry and of the state, it is heavily conflicted in its compensatory role.

Not a one way street

The MIB has

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll